Annetts v Bone and ANOR [2014] NSWDC 285

Annetts v Bone and ANOR [2014] NSWDC 285

A reasonable person in the plaintiff’s circumstances, considering his education, knowledge of compensation schemes, delay in significant symptoms, reliance on workers compensation, and deterioration in 2012, would have failed to comply with statutory time limits or would have been justified in experiencing the same delay. Full and satisfactory explanation provided; leave to commence and continue proceedings granted.

Parties
Plaintiff: Ronald George Annetts; First Defendant: Robert Leslie Bone; Second Defendant: F.L.Green Distribution Pty Limited
Jurisdiction
Australia
Judgment Date
04 December 2014
Procedural Posture
Civil / Application for Leave to Commence Proceedings Out of Time and Hearing on Dismissal Motion
Outcome
Leave granted to plaintiff to commence and continue proceedings; defendants' dismissal motion refused.
Legal Topics
Limitation Periods, Procedural Requirements, Leave to Proceed, Delay in Claim Submission
Personal Injury Motor Accidents Limitation Periods Procedural Requirements Leave to Proceed Delay in Claim Submission

Case Brief

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Parties

Ronald George Annetts

Plaintiff

Robert Leslie Bone

First Defendant

F.L.Green Distribution Pty Limited

Second Defendant

Procedural Posture

Civil / Application for Leave to Commence Proceedings Out of Time and Hearing on Dismissal Motion

Legal Issues

  1. 1 Whether the plaintiff provided a full and satisfactory explanation for delay in submitting claim form and commencing proceedings under the Motor Accidents Compensation Act 1999 (NSW)
  2. 2 Whether leave should be granted to commence proceedings outside statutory period

Ratio Decidendi

A reasonable person in the plaintiff’s circumstances, considering his education, knowledge of compensation schemes, delay in significant symptoms, reliance on workers compensation, and deterioration in 2012, would have failed to comply with statutory time limits or would have been justified in experiencing the same delay. Full and satisfactory explanation provided; leave to commence and continue proceedings granted.

Court Disposition

Leave granted to plaintiff to commence and continue proceedings; defendants' dismissal motion refused.

Orders

  • Pursuant to sections 73 and 109 of Motor Accidents Compensation Act leave is granted to plaintiff to commence and continue proceedings.
  • Defendants' Notice of Motion filed 8 January 2014 dismissed.